The Extreme Risk Protective Order Act of 2018 became active in New Jersey’s enforcement on September 1, 2019. This new law allows the courts to seize guns and weapons from people who endanger themselves or the community. A person is not allowed to own or buy a firearm after an Order is issued by the court. Suppose you have received a temporary extreme risk protection order. In that case, you need to hire an experienced attorney to help you prepare for your final New Jersey extreme risk protection order. Enlist the assistance of an efficient defense attorney at the Law Offices of SRIS, P.C. Our experienced attorneys provide unique defense strategies tailored to your specific case. Talk to our experienced Lawyers to know about your New Jersey extreme risk protection order.
What Is the New Jersey Extreme Risk Protection Order?
The primary purpose of the extreme risk protection order is to prevent gun violence and protect public safety. Guns and weapons can be seized by court order under this order if a person poses a severe threat of harm to themselves or others by possessing a firearm. If a temporary order becomes final, you might not be allowed to carry a firearm. With the help of our lawyers, you can learn about Mutual protection orders in New Jersey.
What is the purpose of the Extreme Risk Protection Order in New Jersey?
Preventing Harm to Others:
ERPOs can also prevent harm to others. It includes the Order of Protection New Jersey. where an individual has exhibited violent behavior, made threats, or otherwise poses a risk of violence to family members, household members, or the general public.
Responding to Concerns:
When family members, neighbors, or law enforcement are concerned that someone’s access to firearms might harm them, they can take action by requesting a New Jersey extreme risk protection order. The law gives these parties a way to ask the court to get involved and address these issues.
Temporary Firearm Removal:
Guns are temporarily removed from the area of concern as a result of ERPOs. It is intended to reduce the potential for harm while the legal process is ongoing.
Promoting Public Safety:
ERPOs are part of a broader effort to promote public safety by addressing situations where individuals may be in crisis and potentially dangerous, especially when firearms are involved.
Who Can Get The NJ Extreme Risk Protection Order?
Members of the accused’s household and law enforcement officers are eligible petitioners under the Extreme Risk Protection Act of 2018. Essentially, the same people qualify for a restraining order under the Prevention of Domestic Violence Act.The order is based on the suspicion that someone in possession of a firearm poses a serious risk to their own safety or the safety of others. If there is an immediate threat of danger, the petitioner may file a Temporary New Jersey Order of Protection with the Superior Court or with law enforcement.
Third parties who do not qualify as household members or family members may request that the police issue the order due to safety concerns regarding someone else who possesses firearms of any kind, such as a rifle, shotgun, handgun, or other weapon.
In order to support the petition with testimony, the petitioner must appear in person before the Superior Court in the respondent’s jurisdiction. In the event that the request is approved, the respondent receives the Temporary Order and, if required, a search warrant for guns, weapons, or ammunition is carried out.
In New Jersey, What Factors Does The Court Consider When Deciding Whether To Issue A Final Extreme Risk Protective Order?
At the Final hearing, both parties may bring witnesses, testimony, and supporting documentation within ten days. The judge must determine that the respondent poses a direct threat of danger to self or others by a preponderance of the evidence, or more convincingly than not, prior to obtaining a New Jersey extreme risk protection order.
For an extreme risk protection order or a Final extreme risk protection order, judges take into account whether the respondent:
- Is or has been the target of ERPOs, of temporary or final restraining orders
- Has violated a temporary, final, or New Jersey extreme risk protection order.
- Is or has been the target of a restraining order for sexual assault, or has disregarded an order
- Recently purchased a weapon, firearm, or ammunition
- Has ever brandished or used a firearm?
- Has experienced mental health problems in the past or is undergoing treatment for them?
- possesses a history of drug or alcohol abuse
- The Guidelines provide further guidance and an explanation of relevant factors.
To know more about this, talk to our experienced attorney at the Law Offices of SRIS, P.C. Our experienced attorneys are here to provide legal assistance throughout the process, and we defend clients accused or charged with protective orders. Call us to schedule your appointment today!
FAQ’s:
What is the extreme risk protection order in New Jersey?
An New Jersey extreme risk protection order banned the respondent from purchasing or owning firearms and ammunition for the duration of the order and required the respondent to turn over firearms and any firearms purchaser identification card, permit to purchase a handgun or permit to carry a handgun to law enforcement.
What is the ERPO application in N.J.?
A New Jersey extreme risk protection order petition is the first step in a request to remove a firearm. The petition needs to explain the situation and why the person is a threat to others or at risk for self-harm. It asks questions about fifteen different risk factors. The petition would list all of the guns that are owned, along with their locations.
In order to obtain a New Jersey extreme risk protection order, what kind of evidence is required?
Evidence is usually testimony. It’s in the hands of the court to decide whether the respondent poses a significant danger of bodily injury to themselves or others by owning, purchasing, or receiving the firearm.